Unethical Prosecutors Can Face Felony Charges Due to AB 1909

Posted on Oct 17, 2016 11:44am PDT

Due to a recent issue involving some prosecutors in the Orange County area, Assemblywoman Patty Lopez authored the bill, AB 1909. This bill authorizes felony punishment for any prosecutor who intentionally withholds, alters, or modifies exculpatory evidence in a criminal case. This includes any evidence that may have had a hand in absolving or excusing the defendant from fault.

Felony charges for this particular crime can even result in a penalty of up to three years in prison for the offending prosecutor. The bill was signed into law on September 30, 2016.

The law now currently reads:

"A prosecuting attorney who intentionally and in bad faith alters, modifies or withholds any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding or inquiry, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years."

Top-Rated Santa Ana Criminal Defense Attorney

If you are currently facing criminal charges in Santa Ana or anywhere else in Southern California, turn to the knowledgeable defense lawyer at our firm, Moises Aguilar. We believe in fighting for our clients' rights and we recognize that any type of prosecutorial misconduct could make or break your case. With this new law in place, there is a greater measure of accountability for prosecutors.

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